BPJS Should Not Be Subject to OJK Levies

 
Ady Thea Dian Achmad, Robert Sidauruk
 
The imposition of new levies by the Financial Service Authority’s (OJK) under Government Regulation No. 11 of 2014(Government Regulation) has been subject to a backlash by many concerned partiesthat fall under the OJK’s supervision. On such party raising objections is the Social Security Agency (BPJS), which under applicable laws is mandated to perform its duty under a non-profit orientation.
 
Timboel Siregar, Advocacy Coordinator for BPJS Watch, said that Article 1 (4) of the Government Regulation grants the right to the OJK to collect levies from banks, capital market institutions and pension fund institutions, including BPJS which falls under the definition of “other financial services institution”.
 
Furthermore, the levies on BPJS are also based on the Elucidation of Article 19 of the Government Regulation, which explicitly states that the BPJS is an institution that may be subject to OJK levies.
 
Although the OJK may set the levies to be paid by the BPJS at zero, Mr. Siregar explained that there is still a possibility for the OJK through the Minister of Finance to impose a similar levy, just like those that apply to financial services institution.
 
“The Minister of Finance is yet to determine whether the BPJS is subject to OJK levies,” said Mr. Siregar in Jakarta last Friday.
 
Given the different nature of the BPJS and other financial service providers, Mr. Siregar believes that the Government should not burdened the BPJS with any levies. While the BPJS has a right to gather public funds and manage them under the social security program, it does not necessarily make BPJS a financial service provider as all the funds will be utilized for the program and in the interest of participants.
 
“Considering the BPJS is not a financial service provider, it should be excluded from OJK levies,” Mr. Siregar added.
 
Likewise, Hasbullah Thabrany, public health professor at Universitas Indonesia, is of the view that BPJS should not be subject to any fees.
 
Mr. Thabrany argues that the BPJS is only authorized to run social security programs as determined by the applicable laws and regulations on a non-profit basis. This is in contrast to financial services providers where terms of investment are objectives are determined solely by the provider themselves which may result in costumers being exposed to a certain level of financial risk.
 
“It is such a misconception to treat BPJS like other financial services providers and impose levies,” said Mr. Thabrany.
 
The Government is also concerned about the OJK imposing levies on the BPJS. Akmal Taher, Director General of Medical Service Development at the Ministry of Health, said that such levies would create another burden on the BPJS Health Program, especially on medical services costs.
 
Mr. Taher said that any regulations issued in the future should be more focused on how to increase the quality and standards of medical services and not how to cut costs and having to cover them or pass them on to participants.
 
“Any subsequent regulations on BPJS should not make the social security program become far more expensive,” Mr. Taher concluded.
 
(hot/kc)